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Press conference on China's achievements in promoting the rule of law in the new era

0 Comment(s)Print E-mail China.org.cn, August 11, 2022
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Chen Wenjun:


Thanks, Mr. Tang. The floor for questions is open now. Please identify the media outlet you represent before raising questions.


China Media Group:


You mentioned that since the 18th CPC National Congress, historic achievements have been made, and changes have taken place in the law-based governance in all respects. What is the most significant landmark achievement over the past decade? How does it influence the rule of law in China? Thanks.


Tang Yijun:


Thanks for your questions. You raised a very important question. I just said that since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping at its core has positioned, arranged, and enforced the rule of law from an overall and strategic perspective. This has led us to a new development of law-based governance in all respects. The most significant landmark achievement is the establishment of Xi Jinping Thought on the Rule of Law, which was established as the guiding principle of law-based governance in all respects. Xi Jinping Thought on the Rule of Law is a major theoretical innovation established per the requirements of the national rejuvenation and the latest achievement in adapting the Marxist theory of the rule of law to the Chinese context and the needs of the times.


Xi Jinping Thought on the Rule of Law has combined Marxist theory of the rule of law with the practices of the law-based governance in China and the exemplary components of Chinese traditional legal culture. It has made comprehensive, systematic, and profound theoretical creation and practical innovation based on inheriting and developing. It proposed a series of new and landmark concepts and strategies with originality and integration. It has made significant original and historical contributions to the development of the Marxist theory of the rule of law, clarified the way forward, and provided fundamental guidance for further promoting the rule of law in all respects in the new era.


First, it has put forward and systematically discussed the fundamental ideas such as the CPC's leadership being the soul of the rule of law under socialism with Chinese characteristics and upholding the rule of law under socialism with Chinese characteristics being the only correct path. This will promote law-based governance in all respects in the new era to constantly develop in the right direction. 


Second, it has put forward and systematically discussed our stance and position, such as committing to a people-centered approach and insisting on promoting  rule of law for the people and by the people. It helps our people feel more fulfilled, secure, and happier in the field of the rule of law in the new era.


Third, it has put forward and systematically discussed strategic issues. It argues that comprehensively promoting law-based governance is an extensive and profound revolution in national governance. It also argues that we should give full play to the critical role of the rule of law in consolidating the foundations, stabilizing the expectations, and maintaining long-term development. It has included comprehensive law-based governance in the new era  into the Four-pronged Comprehensive Strategy and put it into excellent practice.


Fourth, it has put forward and systematically discussed the issues concerning overall development, such as the overall goal, the overall starting point, primary tasks, work plans, and critical tasks of the law-based governance in all respects. It drew up the general blueprint, road map, and working plans for comprehensively promoting law-based governance in the new era.


Fifth, it has put forward and systematically discussed key issues, including building a high-quality working team with integrity and ability, and giving  full play to the role of the leading officials, to ensure that law-based governance in all respects in the new era advances in a sound and sustained manner.


Sixth, it has put forward and systematically discussed major issues such as accelerating the strategic layout of law-based governance in matters involving foreign parties and speeding up the construction of the extraterritorial application of the legal system of China, safeguarding China's sovereignty, security and development interests by law-based thinking and approaches.


Marching on the new journey towards the goals to achieve the second centenary goal and national rejuvenation, we must thoroughly study and implement Xi Jinping Thought on the Rule of Law and unswervingly uphold the rule of law under socialism with Chinese characteristics. We believe that under the scientific guidance of Xi Jinping Thought on the Rule of Law, we will push forward the rule of law under socialism with Chinese characteristics to new stages. Thank you.


Red Star News:


The protection of property rights is an important gauge of the rule of law. The property rights system is the cornerstone of the effective operation of the socialist market economy. What progress has been made by the people's courts in recent years? Are there any typical cases? Thank you.


Gao Jinghong:


Thank you for your question. Since the 18th CPC National Congress, the people's courts have implemented General Secretary Xi Jinping's requirements for strengthening the protection of property rights in trial and law enforcement, promoting judicial protection of property rights to make further progress.


First, relevant judicial policies have been improved. A series of normative documents, including Opinions on the Judicial Protection of Property Rights and Guidelines on Supporting Development in Micro-, Small-, and Medium-Sized Enterprises have been introduced, integrating the idea of law-based, equitable, and comprehensive protection of property rights into judicial interpretations and trial cases. The people's courts have worked hard to prevent and stop taking economic disputes as criminal offenses when handling cases and turning civil liability into criminal responsibility, making property more secure and rights better protected.


Second, the exemplary role of typical cases has been fully played. Twenty typical cases concerning the protection of property rights and the lawful rights and interests of entrepreneurs have been issued in three groups, telling profound lessons through small cases and sending positive messages to the whole of society to strengthen the protection of property rights in a more vivid and direct way.


Third, the people's courts have given full play to the role of the judiciary in the protection of intellectual property rights (IPR). The reform on IPR adjudication has been consistently deepened and innovation has been protected in accordance with the law, pioneering a path for judiciary protection of IPR with Chinese characteristics. Since 2013, 21 judicial interpretations of IPR, such as punitive compensation and 21 judicial policies, have been adopted, and a series of typical cases have been issued. Malicious infringements of IPR have been punished in accordance with the law. All these efforts have contributed to fostering an open, fair, and equitable environment for the development of science and technology.


Fourth, the idea of kind and civil execution has been thoroughly implemented. The people's courts have combined compulsory execution with procedure-based execution and legal punishment with judicial care and have adopted coercive measures that have as little impact on debtors as possible so as to achieve win-win outcomes for all through reined execution.


Fifth, misjudged cases have been identified and corrected in accordance with the law. The people's courts have acted in accordance with the requirement that convictions that are totally wrongful should be rectified totally; the convictions that are partially wrongful should be rectified partially; and all the mistakes should be corrected accordingly. Shouldering the responsibility of law and history, since 2017, the people's courts have identified and corrected wrongful convictions of 287 people and 231 criminal cases concerning property rights in accordance with the law, including major cases such as the case of Zhang Wenzhong, yielding favorable results.


Thank you.

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